Approval of Foreign Expert Licensing
According to the Investment Promotion Act of 1977, regarding the importation of foreign skilled workers, companies with a promotion certificate (as referenced in Section 25 and Section 26) are permitted to bring in skilled foreign workers, experts, as well as their spouses and dependents.
Therefore, when exercising the rights of importing skilled foreign workers to work in the Kingdom, the Board will determine the job positions, number, and duration of employment for these foreign workers based on the specific needs of each project, even if it exceeds the number of foreign employees and the length of stay prescribed in the Immigration Act.
Procedure for requesting foreigners to work in BOI investment promoted projects
1. Apply for a visa to enter Thailand: Skilled workers traveling to work in Thailand must enter the country on a Non-B visa. The relevant details are as follows:
- Skilled workers must apply for a visa from the Thai embassy or consulate in their country of residence before entering the Kingdom. Skilled workers must enter the Kingdom on a Non-B visa, while their families must enter on a Non-O visa.
- If entering with a Tourist Visa (TR60) or Transit Visa (TS30), a letter must be submitted to the BOI to request a change of visa to a Non-B or Non-O visa at Division 3, Immigration Bureau 1.
- If entering the country with a Por 30 (ผ 30) or PorPor 90 (ผผ 90) stamp, skilled workers must travel outside Thailand to apply for a Non-B, Non-O, TR, or TS visa at a Thai embassy or consulate abroad. They can also request a letter of cooperation from the BOI to facilitate the visa application process.
- If the country where the foreign skilled worker resides does not have a Thai embassy or consulate, the visa can be applied for at a Thai embassy or consulate in other neighboring countries that covers the skilled worker's country of residence.
2. Request for position approval (request for import of foreign skilled workers/ experts) and request for personnel placement
The company must first submit a request for position approval. Once this request is approved, the company can then submit a request for the placement of foreign skilled workers or experts into the approved position. The details are as follows:
2.1 Request for position approval
- The promoted company must provide the BOI with a detailed explanation of the scope of responsibilities, number of positions, duration, and necessity for each position.
- The position for a foreign skilled worker/ expert must be clearly defined. The position title should reflect the nature of the work and the level of supervision within the organization. ***The reasons and necessity for requesting approval of the position are critical factors in the consideration process for whether or not to approve the request for foreign experts.
2.2 Request for personnel placement
Once the position is approved, the promoted company may submit a request to the BOI to hire foreign skilled workers for each position. The foreign skilled worker/ expert must hold a Non-B visa and have entered the Kingdom. Additionally, the foreign skilled worker must possess qualifications and work experience that align with the approved position.
3. Request for permission to stay in the Kingdom (visa extension)
Once approval has been granted to place a skilled worker in a position approved by the BOI, the skilled worker may apply to the Immigration Bureau to extend his/ her stay in the Kingdom for the period approved by the BOI before the original visa and work permit expires.
4. Apply for a work permit
Once approval is granted to employ a skilled worker in a position approved by the BOI, the skilled worker can apply to the Department of Employment or the Provincial Employment Office to apply for a work permit for the approved position.
Application submission via the Single Window for Visa & Work Permit System
Step 1 Register to receive a user ID and password.
- The authorized signatory, as per the Ministry of Commerce's certificate, must register for a username and password at https://swe-expert.boi.go.th/SW-WEB/main.php ** If the authorized signatory cannot submit the request in person, they may authorize another individual to act on their behalf. This requires a power of attorney from the authorized signatory, which should include the name of the representative, be stamped with the company's seal, affixed with a 10-baht revenue stamp, and accompanied by the following documents: a copy of the ID card or passport of the grantor of authorization, a copy of the authorized person's ID card, an employee ID card, or a certificate from the company's HR department, and a copy of the company's certificate (first page only).
- After registering in the system https://swe-expert.boi.go.th/SW-WEB/main.php, the officer will approve the registration request within one business day. The user will receive the username and password via the email address provided.
- Enter the username and password received to log into the Single Window system using the following steps:
Step 2: Review and accept the terms and conditions from all three agencies.
Step 3: Fill in the information of the head office and branches according to the business registration certificate by filling in the company details and uploading a copy of the business registration certificate or factory license or employment contract along with the project location.
Step 4: Update the information for all foreign nationals who wish to submit requests, including: requesting approval for positions for foreign nationals, requesting the placement of foreign nationals, requesting entry for their families, requesting extensions for foreign nationals’ positions and extending the stay of foreign nationals and their families.
Once the updates are complete, the request will be considered submitted through the Single Window system. Await review and decision from officials at all three agencies (BOI, Department of Employment, and Immigration Bureau).
